How Does Child Support Work?
After a divorce or separation, one parent will continue to pay the other parent child support for a kid or children. According to Australian Family Law, both parents are required to financially support their kids in order to give them a decent standard of living.
In cases where parents cannot agree due to extenuating circumstances, certain criteria must be taken into account, and things can get pretty complicated, sometimes necessitating Family Court intervention.
Who May Be Recipient Of Child Support Payments?
You are often qualified to collect child support from the other parent if you are the biological or legal parent of a kid or children living with you and you have split.
A legal document naming them as a parent must be presented by a legal parent who is not the biological parent. This usually applies to situations where children are born via surrogacy, adoption, or artificial insemination.
Can Non-Parental Caregivers Receive Child Support?
In most cases, non-parent caregivers are also entitled to child support from either one or both parents. Non-parent caretakers must not be the partners of either parent and must provide care for the child for at least 128 nights every year.
Only the parents’ incomes—not the income of the caretaker who is not a parent—are taken into account when determining the amount.
What Are Australia’s Residency Requirements for Child Support?
Child support lawyers can be obtained from a parent or parents who reside in Australia or any other reciprocating jurisdictions, which includes the majority of nations in the world, by biological, legal, and non-parent carers.
When Will Child Support Be Paid?
Child support is typically paid up until the child turns 18, becomes independent, marries or is in a de facto relationship, is adopted by another person, passes away, or becomes self-sufficient.
If the child is over 18 but still enrolled in secondary school or has a physical or mental disability, the term may be extended.
The Method Used to Determine Child Support Payments
How child support payments are determined is one of the most frequent queries we receive. Calculations for child support payments can be quite complicated and heavily depend on the specifics of each case. The children’s age, health, and expenses are taken into account, as well as both parents’ incomes and earning potentials (aside from non-parent carers) and the amount of time each parent spends with the kids.
Although the Services Australia Child Support Estimator is an excellent tool for providing a reasonable estimate, each case is assessed on its own merits.
What Will Happen If My Situation Changes?
People’s circumstances changing is a normal part of life. The ability of the paying parent to pay may be impacted by a job change or loss. On the other hand, the receiving parent might experience good luck, land a better job, and significantly boost their earning potential. It may become necessary to review child support arrangements as circumstances such as the rising cost of living, the health and needs of either parent and the children, or the amount of time the kids spend with each parent, change over time.
These contributing circumstances are taken into account by the Family Court, which also has the power to modify or suspend child support payments to reflect any changes.
What Is the Review Period for Child Support Payments?
The assessment phase may run up to 15 months if you are employed by Services Australia. You must inform them as soon as possible in order for the payment terms to be reviewed if your financial situation or that of your ex-partner changes, as well as if the amount of time the child spends with either parent changes.
When your circumstances significantly change while you are self-managing child support, you can ask your ex to reassess the payments. If you are unable to come to an agreement, a Family Court application may then be made.
Do You Still Have Unanswered Questions About Child Support?
To learn more about how we can assist you, schedule an informational call with one of our reputable Perth family lawyers right away.
